Union Home Ministry has sought opinion from the Law Ministry on sending a presidential reference to the Supreme Court to probe the allegations against Justice (retd) A.K. Ganguly and give its recommendations on his removal from the West Bengal Human Rights Commission. Ganguly, a retired apex court judge, has been accused by a law intern of sexually harassing her, a charge he had strongly denied, in a hotel room last year.
The chairman of a State Human Rights Commission can be removed only on Presidential orders following receipt of the Supreme Court's inquiry report. As per the Human Rights Act, the chairperson or any other member of the State Commission can be removed only on the ground of "proved misbehaviour or incapacity" after the Supreme Court inquiry. The apex court will carry out the inquiry on a reference made to it by the President.
If the court reports that the member / chairperson be removed, the report is sent to Cabinet for its advice. Additional Solicitor General Indira Jaising has already written to Dr. Manmohan Singh, seeking Ganguly's removal. Eralie, she had also brought out excerpts from the intern's highly graphic testimony in The Indian Express, though Ganguly has questioned the statement being made public.